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§672-3.1 Applicability and construction.

This Subpart shall apply to releases of water from the Croton System reservoirs, namely: Bog Brook reservoir to Bog Brook; Boyds Corner reservoir to the West Branch Croton River; Croton Falls reservoir to the West Branch Croton River; Middle Branch reservoir to Croton Falls reservoir; West Branch reservoir to the West Branch Croton River; East Branch reservoir to the East Branch Croton River (through diverting reservoir); Amawalk reservoir to the Muscoot River; Cross River reservoir to the Cross River; Titicus reservoir to the Titicus River; Muscoot reservoir to New Croton reservoir; and New Croton reservoir to the Croton River. Except as otherwise specifically stated here in, this Subpart shall be construed in a manner consistent with Subpart 672-1 of this Part.

Historical Note

Sec. filed May 2, 1980 eff. 30 days after filing.

§ 672-3. 2 Definitions.

In addition to the definitions set forth in section 672-1.2 of this Part, the following words and terms shall have the meaning ascribed to them in this Subpart, unless the context requires otherwise.

(a) The term agency shall agency shall department of environmental protection of the city of New York.

(b) The term agency reservoir releases manager shall mean that person formally designated by the commissioner of the department of environmental protection of the city of New York to fulfill the responsibilities of the agency reservoir releases manager set forth in this Part.

(c) Amawalk reservoir shall agency shall reservoir known as the Amawalk reservoir, located in the Town of Somers, Westchester County.

(d) Bog Brook shall mean that portion of a stream known as Bog Brook which runs from the Bog Brook reservoir to the East Branch Croton River.

(e) Bog Brook reservoir shall agency shall reservoir known as the Bog Brook reservoir, located in the Town of Southeast, Putnam County.

(f) Boyds Comer reservoir shall agency shall reservoir known as the Boyds Comer reservoir, located in the Town of Kent, Putnam County.

(g) Cross River shall mean that portion of a river known as the Cross River which runs from the Cross River reservoir to the Muscoot reservoir.

(h)Cross River reservoir shall mean the reservoir known as the Cross River reservoir, located in the Towns of Bedford, Pound Ridge and Lewisboro, Westchester County.

(i) Croton Falls reservoir shall mean the reservoir known as the Croton Falls reservoir, located in the Towns of Carmel and Southeast, Putnam County.

(j) Croton River shall mean that portion of a river known as the Croton River which runs from the New Croton reservoir to the Hudson River.

(i) East Branch Croton River shall mean those portions of a river known as the East Branch Croton River which run from the East Branch reservoir to the Diverting reservoir and from the Diverting reservoir to the Muscoot reservoir.

(m) East Branch reservoir shall mean the reservoir known as the East Branch reservoir, located in the Town of Southeast, Putnam County.

(n) Middle Branch reservoir shall mean the reservoir known as the Middle Branch reservoir, located in the Town of Southeast, Putnam County.

(o) Muscoot reservoir shall mean the reservoir known as the Muscoot reservoir, located in the Towns of Somers, Bedford, Lewisboro and North Salem, Westchester County.

(p) Muscoot River shall mean that portion of a river known as the Muscoot River which runs from the Amawalk reservoir to the Muscoot reservoir.

(q) New Croton reservoir shall mean the reservoir known as the New Croton reservoir, located in the Towns of Cortlandt, Yorktown, Newcastle, Bedford and Somers, Westchester County.

(r) New Croton gaging station shall mean the United States Geological Survey (USGS) stream gaging station No. 0137500, located on the Croton River downstream from the New Croton reservoir, about 1. 8 miles northeast of Croton-on-Hudson, New York, as identified in Water Resources Data for New York, Water Year 1978, U. S. Geological Survey water data report NY -78-1 (see Subpart 672-6 of this Part).

(s) Titicus reservoir shall mean the reservoir known as the Titicus reservoir, located in the Town of North Salem, Westchester County.

(t) Titicus River shall mean that portion of a river known as the Titicus River which runs from the Titicus reservoir to Muscoot reservoir.

(u) West Branch Croton River shall mean those portions of a river known as the West Branch Croton River which run from the Boyds Comer reservoir to the West Branch reservoir, from the West Branch reservoir to the Croton Falls reservoir, and from the Croton Falls reservoir to the Muscoot reservoir.

(v) West Branch reservoir shall mean the reservoir known as the West Branch reservoir, located in the Towns of Kent and Carmel, Putnam County.

(w) Total available water storage capacity shall mean that quantity of water in a reservoir which can be removed from the reservoir through the release and/or diversion works.

(x) (1) Above normal stream flow condition shall mean a condition for any calendar month in which the actual sum of all water inflow into the Croton System reservoirs during the immediately preceding six-month period, as measured from the first day of said calendar month, is equal to or greater than the six-month inflow total indicated by curve A on that chart entitled " Preceding Stream Flow Condition Curves for Croton System Reservoirs" included as Appendix 10 of this Title.

(2) Normal stream flow condition shall mean a condition for any calendar month in which the actual sum of all water inflow into the Croton System reservoirs during the immediately preceding six-month period, as measured from the first day of said calendar month, is between the six-month inflow totals indicated by curves A and B on that chart entitled " Preceding Stream Flow Condition Curves for Croton System Reservoirs" included as Appendix 10 of this Title.

(3) Below normal stream flow condition shall mean a condition for any calendar month in which the actual sum of all water inflow into the Croton System reservoirs during the immediately preceding six-month period, as measured from the first day of said calendar month, is equal to or less than the six-month inflow total indicated by curve B on that chart entitled " Preceding Stream Flow Condition Curve for Croton System Reservoirs" included as Appendix 10 of this Title.

(y) (1) Above normal reservoir storage condition shall mean a condition in which the total available amount of water stored in the Croton System reservoirs constitutes a percentage of the total available water storage capacity of such reservoirs equal to or greater than the percentage of available water storage capacity indicated by curve A on that chart entitled " Reservoir Storage Condition Curves for Croton System Reservoirs" included as Appendix 11 of this Title.

(2) Normal rese11loirstorage condition shall mean a condition in which the total available amount of water stored in the Croton System reservoirs constitutes a percentage of the total available water storage capacity of said reservoirs between the percentages of available water storage capacity indicated by curves A and B on that chart entitled " Reservoir Storage Condition Curves for Croton System Reservoirs" included as Appendix 11 of this Title.

(3) Below normal rese11loir storage condition shall mean a condition in which the total available amount of water stored in the Croton System reservoirs constitutes a percentage of the total available water storage capacity of said reservoirs equal to or less than the percentage of available water storage capacity indicated by curve B on that chart entitled " Reservoir Storage Condition Curves for Croton System Reservoirs " included as Appendix 11 of this Title.

§672-3.3 Operation of reservoirs.

(1) The agency shall make such water releases from the reservoirs listed in this section as are necessary and sufficient to maintain the required constant minimum flows in the respective rivers or streams during all times of year as indicated in Table A of this section except when New Croton reservoir spills, the required constant minimum flow shall be no less than 5, 000, 000 gallons per day. Such constant minimum flows shall be maintained and measured for the purposes of compliance with this Part at the specified measuring locations in the release works of each reservoir.

(2) When the reservoirs listed in this section are physically incapable of providing sufficient water to maintain such constant minimum flows, the agency shall make the maximum releases which the reservoirs are physically capable of providing.

Table A - Required Constant Minimum Flows

Reservoir

Constant Minimum Flow

River or Brook on which Constant Minimum Flow is to be Maintained

Location at which Constant Minimum Flow is to be Measured

Bog Brook

5 mgd (7.7 cfs)*

Bog Brook

Flow over weir at fountain in reservoir release works.

East Branch

25 mgd (38.7 cfs)*

East Branch Croton River

Flow over weir at fountain in reservoir release works.

Boyds Corner

10 mgd (15.5 cfs)

West Branch Croton River

Flow tdrough gate in reservoir release works.

Croton Falls

20 mgd (30.9 cfs)

West Branch Croton River

Flow over weir at fountain in reservoir release works.

Cross River

5 mgd (7.7 cfs)

Cross River

Flow tdrough gate in reservoir release works.

Titicus

5 mgd (7.7 cfs)

Titicus River

Flow tdrough gate in reservoir release works.

*Total constant minimum flow of 30 mgd released from Bog Brook and East Branch reservoirs shall be released to the East Branch Croton River through Diverting reservoir.

(b) Middle Branch and Muscoot reservoirs. The Middle Branch reservoir is immediately upstream of and discharges directly into the Croton Falls reservoir, and there is no river or stream connecting the two reservoirs. Similarly, the Muscoot reservoir is immediately upstream of and discharges directly into the New Croton reservoir, and there is no river or stream connecting them. Therefore, releases from the Middle Branch and Muscoot reservoirs are not required to fulfill the purposes of this Subpart. While said reservoirs are not subject to any release requirements, they are subject to all other applicable provisions of this Part.

(c) West Branch reservoir.

(1) With respect to the West Branch reservoir, the agency shall make such water releases from said reservoir as are necessary and sufficient to maintain the following required constant minimum flows in the West Branch Croton River during the conditions indicated in the table on the following page. Such constant minimum flows shall be maintained and measured for the purposes of compliance with this Part at the gate in the reservoir release works.

Required Minimum Flows - West Branch Reservoir

Reservoir Storage
Condition

Above Normal

Stream Flow
Condition Normal

Below Normal

Above Normal

20 mgd
(30. 9 cfs)

20 mgd
(30. 9 cfs)

10mgd
(15. 5cfs)

Normal

20 mgd
(30. 9 cfs)

20 mgd
(30. 9 cfs)

10mgd
(15. 5cfs)

Below Normal

10mgd
(15. 5cfs)

5mgd
(7. 7cfs)

5mgd
(7. 7cfs)

(2) When the New Croton and Croton Falls reservoirs spill, the required minimum flow from the West Branch reservoir shall be five mgd.

(3) When the West Branch reservoir is physically incapable of providing the required minimum flow of five mgd, the agency shall make the maximum releases which the reservoir is physically capable of providing.

(d) Amawalk reservoir.

(1) With respect to the Amawalk reservoir, the agency shall make such water releases from said reservoir as are necessary and sufficient to maintain the following required constant minimum flows in the Muscoot River during the conditions indicated in the table in this paragraph; except when the New Croton reservoir spills, or when the water elevation in the Amawalk reservoir is below 379. 60 feet mean sea level, the required constant minimum releases shall be five mgd. Such constant minimum flows shall be maintained and measured for the purposes of compliance with this Part at the gate in the reservoir release works.

Required Minimum Flows - Amawalk Reservoir

Reservoir storage
Condition

Above Normal

Stream Flow Condition
Normal

Below Normal

Above normal

10 mgd
(15. 5cfs)

10 mgd
(15. 5cfs)

10 mgd
(15. 5cfs)

Normal

10 mgd
(15. 5cfs)

10 mgd
(15. 5cfs)

5 mgd
(7. 7cfs)

Below Normal

5 mgd
(7. 7cfs)

5 mgd
(7. 7cfs)

5 mgd
(7. 7cfs)

(2) When the Amawalk reservoir is physically incapable of providing the required minimum flow of five mgd, the agency shall make the maximum releases which the reservoir is physically capable of providing.

(e) New Croton reservoir.

With respect to the New Croton reservoir, the agency shall make such water releases from said reservoir as are necessary and sufficient to maintain the following required constant minimum flows in the Croton River during the conditions and dates indicated in the table in this subdivision. Such constant minimum flows shall be maintained and measured for the purposes of compliance with this Part at the New Croton gaging station.

Release Schedule- Required Minimum Flows - New Croton Reservoir

Reservoir Storage
Condition

Above Normal

Stream Flow Condition Normal

Below Normal

April 1
to
June30

July 1
to
March 31

April 1
to
June30

July 1
to
March 31

April 1
to
June30

July 1
to
March 31

Above Normal

75 mgd
(116 cfs)

5.5 mgd
(8.5 cfs)

75 mgd
(116 cfs)

5.5 mgd
(8.5 cfs)

16.5 mgd
(25.5 cfs)

5.5 mgd
(8.5 cfs)

Normal

75 mgd
(116 cfs)

5.5 mgd
(8.5 cfs)

75 mgd*
(116 cfs)

5.5 mgd
(8.5 cfs)

11.0 mgd
(17.0 cfs)

5.5 mgd
(8.5 cfs)

Below Normal

16.5 mgd
(25.5 cfs)

5.5 mgd
(8.5 cfs)

11.0 mgd
(17.0 cfs)

5.5 mgd
(8.5 cfs)

11.0 mgd
(17.0 cfs)

5.5 mgd
(8.5 cfs)

*16. 5 mgd (25. 5 cis) from June1 to June30.

(f) Modifications of stream flow condition and reservoir storage condition curves. To the degree herein specified, this subdivision shall supersede the provisions of section 672-1. 10 of this Part. The stream flow conditions and reservoir storage conditions set forth in subdivisions (c)-(e) of this section are defined respectively in Appendix 11 and Appendix 12 of this Title. Technical modifications of curves A and B set forth in Appendices 11 and 12 may be necessary, based on additional studies or data. The department reservoir releases manager may make minor technical modifications of such curves without public hearing, after consultation with the agency reservoir releases manager. Provided, no such modification that alters any point on any such curves by more than 10 percent, either individually or in combination with other modifications under this subdivision made without public hearings, shall be made except in compliance with section 672-1. 10 of this Part.

(g) The agency is not required to provide any notice to the department prior to the commencement of any action that is consistent with the provisions of subdivisions (a) (c), (d) and (e) of this section.

(h) The agency shall comply with a request by the department pursuant to subdivision(g)of section672-1. 3of this Part.

Historical Note

Sec. filed May 2, 1980eff. 30 days after filing.

§672-3.4 Recreational activities.

The department reservoir releases manager may provide for releases from the New Croton reservoir pursuant to this Part for such special recreational events as he finds appropriate, in light of the purposes of this Part and consistent with section 672-1. 3(g) of this Part, and shall respond to all inquiries relative to the date, duration and nature of any such releases. Provided, all requests for releases for special recreational events pursuant to this section shall be made to the department reservoir releases manager in writing not later than April 15th of the same year. Further provided, the department reservoir releases manager shall not provide, pursuant to this subdivision, for more than one daily release during each calendar month of May and June.

Historical Note

Sec. filed May 2, 1980 eff. 30 days after filing.

§672-3.5 Monitoring.

(a) The agency reservoir releases manager shall be responsible for monitoring the total available amount of water stored in the Croton System reservoirs and for notifying the department reservoir releases manager at least 24 hours prior to an anticipated change from one reservoir storage condition to another.

(b) The agency reservoir releases manager shall be responsible for monitoring the water inflow into the Croton System reservoirs and for notifying the department reservoir releases manager at least 24 hours prior to an anticipated change from one stream flow condition to another.

Historical Note

Sec. filed May 2, 1980 eff. 30 days after filing.

§672-3.6 Drought emergency.

The agency is not required to make any releases from the New Croton reservoir during a drought emergency in which the city has imposed mandatory water use restrictions on the public. The agency reservoir releases manager shall provide notice of such action during a drought emergency to the department reservoir releases manager in accordance with the provisions of section 672-1.8 of this Part.